Vance Wittie Weighs In on Supreme Court’s Military Contractor Decision in Bloomberg Law

Business litigation counsel Vance Wittie spoke to Bloomberg Law for their article about the U.S. Supreme Court’s decision to reinstate a lawsuit against a military contractor, ruling that the "combatant activities exception" does not automatically shield contractors from liability for conduct unauthorized by the military. The publication explained that this decision allows plaintiffs to pursue claims by showing a gap between government directives and contractor actions, thereby weakening an immunity defense.

In light of the opinion, contractors that want to raise a preemption defense “will need to establish a close link between the challenged conduct and a specific federal policy,” Wittie asserted.

Wittie also noted that the political question doctrine, which deprives courts of jurisdiction if an issue is specifically committed to the executive branch, could re-emerge in this case. “It is most often invoked in military-related cases, especially where the contract constrains the contractor’s freedom of action.”